§2210e — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Commission must start a formal rulemaking about its design basis threats within 90 days after the law is passed. That rulemaking must give public notice and a chance for people to comment. The Commission must finish the rulemaking within 18 months. If it already began a rulemaking on design basis threats, it must complete that work within 18 months after the law is passed. When making the rules, the Commission must think about many kinds of threats. That includes the events of September 11, 2001; physical, cyber, and biochemical attacks; attacks by large, coordinated teams; help from insiders who work at a facility; suicide attacks; water- or air-based threats; large explosives and modern weapons; attackers who know how a facility works; long-lasting fires; attacks on shipments of spent fuel; how well plans protect public health and safety near nuclear sites after an attack; and the risk of stealing or diverting nuclear materials.

Title 42, §2210e

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Commission shall—

(1)not later than 90 days after the date of enactment of this section, initiate a rulemaking proceeding, including notice and opportunity for public comment, to be completed not later than 18 months after that date, to revise the design basis threats of the Commission; or

(2)not later than 18 months after the date of enactment of this section, complete any ongoing rulemaking to revise the design basis threats.

(b)When conducting its rulemaking, the Commission shall consider the following, but not be limited to—

(1)the events of September 11, 2001;

(2)an assessment of physical, cyber, biochemical, and other terrorist threats;

(3)the potential for attack on facilities by multiple coordinated teams of a large number of individuals;

(4)the potential for assistance in an attack from several persons employed at the facility;

(5)the potential for suicide attacks;

(6)the potential for water-based and air-based threats;

(7)the potential use of explosive devices of considerable size and other modern weaponry;

(8)the potential for attacks by persons with a sophisticated knowledge of facility operations;

(9)the potential for fires, especially fires of long duration;

(10)the potential for attacks on spent fuel shipments by multiple coordinated teams of a large number of individuals;

(11)the adequacy of planning to protect the public health and safety at and around nuclear facilities, as appropriate, in the event of a terrorist attack against a nuclear facility; and

(12)the potential for theft and diversion of nuclear materials from such facilities.

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 109–58, which was approved August 8, 2005.

§2210e Design Basis Threat Rulemaking

Summary

Title 42, §2210e

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata